[ EDITORIAL ]

Open Government in Polk: Lakeland, Winter Haven Reticence

Published: Monday, March 11, 2013 at 12:01 a.m.

Last Modified: Sunday, March 10, 2013 at 11:11 p.m.

Sunshine week began Sunday. News organizations and others stress the importance of government in the sunshine - access to governmental decision-making and records.

The relationship between people and their governments in Florida — city and county commissions, school boards and the Legislature, for instance — is meant to be straightforward.

Meetings of various elected and appointed bodies must be given public notice — often an agenda is posted — and most governmental records, with some narrow exemptions, are open to people to review and copy.

In Polk County's two largest cities, Lakeland and Winter Haven, this simple recipe has become scrambled. The taste is bitter.

This is Sunshine Week, which began Sunday. News organizations and others use the week to stress the importance of open government and access to pubic records.

Among the matters taken up by Part 1 of this Sunshine Week editorial duo were important decisions of the Winter Haven City Commission. They were voted upon without the matters being listed on the commission meeting agendas, reported The Ledger's Ryan E. Little in an article Feb. 10.

Also analyzed was the withholding of portions of public records by the Lakeland Police Department. They are connected to the case of Bernardo Copeland Jr. of Lakeland, reported The Ledger's Jeremy Maready in an article Jan. 6. Copeland was accused of shooting a man in Lakeland in August, and then charged with attempted murder and armed robbery in the shooting of another man in November. Only afterward was he charged with aggravated battery in the first shooting.

BATTERY TO MURDER

Another long period between commission of a serious crime and the person accused of the crime being charged by Lakeland police in a shooting was reported by Maready in a Feb. 23 article.

Adrian Nesbeth was hit in the head with a sledgehammer Aug. 27, 2010. The case was not assigned to an investigator until Oct. 18, 2010, was not completed until Nov. 18, 2010, and a warrant for the arrest of Reginald "Snooky" Enzor was not issued until Dec. 20, 2010.

On Jan. 2, 2011, Enzor killed his wife, Radiah Anquenette Craft-Enzor, by stabbing her with a knife. He pleaded guilty and is serving a life sentence in prison.

When asked by The Ledger for its Enzor records, the Lakeland Police Department said there were none.

GRAND JURY

Following the articles about Lakeland police records, a grand jury began an investigation, which included testimony by Ledger Editor Lenore Devore and five reporters — a "very unusual step" to protect public information, said Publisher Jerome Ferson.

The grand jury made no criminal charges, but made a presentment. That report is sealed, as the law requires, and time was allowed for appeals. It may be unsealed by court order.

LOOKING FOR LOOPHOLES

Winter Haven has been trying to finalize a deal for a developer to transform its Chain O' Lakes Complex — at U.S. 17 and Cypress Gardens Boulevard — into The Landings: shopping, dining and lodging.

On March 14, 2011, the City Commission voted to sell the land to a company owned by Taylor Pursell of Birmingham, Ala. On Jan. 28 of this year, after ongoing disagreements between the two parties, the city sent Pursell a letter terminating their contract.

Then City Attorney John Murphy asked the City Commission to hold off on eviction and allow "remediation discussions." The commission approved in a 3-0 vote Feb. 11, reported Little in an article Feb. 12.

Since then, the city has refused a Ledger request to see a letter sent by Pursell to the city. Winter Haven cited a state law giving confidentiality to communication related to mediation. One, remediation discussions are not mediation. Two, mediation is a process ordered by a court, which has not been done.

Government is powerful, so the right of the people to oversee its actions by attending board meetings and reviewing documents is critical.

Lakeland, Winter Haven and all local, regional and state agencies in Polk County should embrace these government-in-the-sunshine rights.

<p><i>Part 2 of 2</i></p><p>The relationship between people and their governments in Florida — city and county commissions, school boards and the Legislature, for instance — is meant to be straightforward.</p><p>Meetings of various elected and appointed bodies must be given public notice — often an agenda is posted — and most governmental records, with some narrow exemptions, are open to people to review and copy.</p><p>In Polk County's two largest cities, Lakeland and Winter Haven, this simple recipe has become scrambled. The taste is bitter.</p><p>This is Sunshine Week, which began Sunday. News organizations and others use the week to stress the importance of open government and access to pubic records.</p><p>Among the matters taken up by Part 1 of this Sunshine Week editorial duo were important decisions of the Winter Haven City Commission. They were voted upon without the matters being listed on the commission meeting agendas, reported The Ledger's Ryan E. Little in an article Feb. 10.</p><p>Also analyzed was the withholding of portions of public records by the Lakeland Police Department. They are connected to the case of Bernardo Copeland Jr. of Lakeland, reported The Ledger's Jeremy Maready in an article Jan. 6. Copeland was accused of shooting a man in Lakeland in August, and then charged with attempted murder and armed robbery in the shooting of another man in November. Only afterward was he charged with aggravated battery in the first shooting.</p><p><b>BATTERY TO MURDER</b></p><p>Another long period between commission of a serious crime and the person accused of the crime being charged by Lakeland police in a shooting was reported by Maready in a Feb. 23 article.</p><p>Adrian Nesbeth was hit in the head with a sledgehammer Aug. 27, 2010. The case was not assigned to an investigator until Oct. 18, 2010, was not completed until Nov. 18, 2010, and a warrant for the arrest of Reginald "Snooky" Enzor was not issued until Dec. 20, 2010.</p><p>On Jan. 2, 2011, Enzor killed his wife, Radiah Anquenette Craft-Enzor, by stabbing her with a knife. He pleaded guilty and is serving a life sentence in prison.</p><p>When asked by The Ledger for its Enzor records, the Lakeland Police Department said there were none.</p><p><b>GRAND JURY</b></p><p>Following the articles about Lakeland police records, a grand jury began an investigation, which included testimony by Ledger Editor Lenore Devore and five reporters — a "very unusual step" to protect public information, said Publisher Jerome Ferson.</p><p>The grand jury made no criminal charges, but made a presentment. That report is sealed, as the law requires, and time was allowed for appeals. It may be unsealed by court order.</p><p><b>LOOKING FOR LOOPHOLES</b></p><p>Winter Haven has been trying to finalize a deal for a developer to transform its Chain O' Lakes Complex — at U.S. 17 and Cypress Gardens Boulevard — into The Landings: shopping, dining and lodging.</p><p>On March 14, 2011, the City Commission voted to sell the land to a company owned by Taylor Pursell of Birmingham, Ala. On Jan. 28 of this year, after ongoing disagreements between the two parties, the city sent Pursell a letter terminating their contract.</p><p>Then City Attorney John Murphy asked the City Commission to hold off on eviction and allow "remediation discussions." The commission approved in a 3-0 vote Feb. 11, reported Little in an article Feb. 12.</p><p>Since then, the city has refused a Ledger request to see a letter sent by Pursell to the city. Winter Haven cited a state law giving confidentiality to communication related to mediation. One, remediation discussions are not mediation. Two, mediation is a process ordered by a court, which has not been done.</p><p>Government is powerful, so the right of the people to oversee its actions by attending board meetings and reviewing documents is critical.</p><p>Lakeland, Winter Haven and all local, regional and state agencies in Polk County should embrace these government-in-the-sunshine rights.</p>